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1962 constitution

Contents
i.

Background
Constitution Making & Composition

Salient Features Islamic provisions

Duration

Background

Military took over on & October 1958 and consequently Ayub Khan became Chief Martial Law Administrator. The administration was critical of Parliamentary system because it caused instability in the past. They sought stability of the nation in the gradual development of democracy.

i: Constitution Making & Composition

1.

The government introduce Basic Democracies in October 1959. Elections were held but through an Electoral College. Forty Thousand basic democrats (local councilors) were to be elected in each province. A Constitutional Commission was established in February 1960 under the chairmanship of Justice Shahabuddin, former Chief Justice. The tasks assigned to the Commission were, to examine the causes of failure of Parliamentary system & recommend a new system keeping in view the

2.

3.

Genius of people Standard of education Internal conditions of the country Need of development

4.

This commission sent its recommendations. According to these recommendations a new constitution was promulgated by President Ayub Khan on 1 March 1962 and finally came into effect on 8 June 1962. Martial Law was finished. The Constitution contained 250 articles divided into twelve parts and three schedules.

5.

6.

Salient Features
1.

Written Constitution

The Constitution of 1962 was a written document. It consisted of five schedules and 250 articles.
2.

Rigid Constitution

This is a rigid constitution can only be amended through a particular process. If an amendment to the constitution is passed by at least two-third majority of the parliament then it becomes a part of law after authentication by the President.
3.

Federal System

A federal system was introduced in the country. It consisted of a central government and two provincial government comprising East and West Pakistan.

4.

Presidential forum of Government

President was the head Executive of the nation. He was empowered to nominate the ministers of his cabinet. Unicameral Legislature Indirect Method of Election

5.

6.

The President was elected by an Electoral College comprising 80,000 Basic Democrats, equally distributed between the two provinces.
7.

Provincial Legislature
Each province was provided with a legislature. It originally consisted of 150 members. However, later on this number was increased to 218.

8.

Powers of President
President should be a Muslim with the term of 5 years. He was eligible to promulgate Ordinances and veto against legislated laws only override-able by two/thirds of the National Assembly. President was not empowered to dissolve the Assembly except the cost of his office also.

9.

Restrictions to the President

The President was not allowed to hold any office of profit in the service of Pakistan but was not prevented from holding a managing private property.

10.

Islamic Law
No Law would be passed against the teaching of Quran and Sunnah. All the existing laws would be made Islamic in character.

11.

Fundamental Rights
Rights of speech and expression. Freedom to choose profession Freedom to profess religion. Rights of life, livery and property.

12.

Role of Judiciary
The Judiciary was responsible for the interpretation of laws.

13.

Language
Urdu and Bengali were recognized as National Languages.

Islamic provisions

Pakistan was named as Islamic republic of Pakistan. Only a Muslim could be qualified for the election as President. Teaching of the Quran and Islamiyat to the Muslims of Pakistan was made compulsory. Proper organisation of Zakat, waqf, and mosques was ensured. Practical steps were to be taken to eradicate what were seen as social evils by Islam, such as the use of alcohol, gambling, etc.

Duration(1962-69)

In 1968-69 the political parties of the country started agitation against Ayub Khan and Presidential system. Agitations seen everywhere in the country within few months. As a result on 25th March, 1969 President Ayub Khan resigned and transferred his powers to Commander in Chief Yahya Khan. He abrogated the constitution of 1962 and enforced Martial Law in the country.

Summary

Basic Democracies System managed by the civil bureaucracy.

Replacing the Parliamentary system to the Presidential one.

General Ayub Khan failed to impose controls on the civil bureaucracy 1962 constitution arrested a genuine growth of politics. In result, Ayub Khan was replaced by Yahya Khan and he introduced Legal Framework Order 1969.

Thank You